Enforcement of WTO Obligations: Re-checking Retaliation

Abstract

The exchange of goods among countries across the globe is as old as human civilization. However, the era of globalization due to the advancement of science and technology, made it more obvious and complex at the same time. With the passage of time, many rules evolved and vanished, giving shape to what we know in the name of International Trade Law. Clarity and precision could be achieved only with the establishment of the World Trade Organization (hereinafter, ‘WTO’). It has not only laid down the rules to carry out trans-border trade but also acts as a platform for member countries to negotiate their terms of trade and have flexibility for the LDCs and developing countries in the international trade market. Since all nations do not stand on equal footing as far as scientific and technological advancement and economy are concerned, overpowering by the abled member countries is natural, though not just. This calls for organization like the WTO to have a sound enforcement mechanism so that the trust of all members is intact and its rules and recommendations hold considerable value for all. So, in this article, we shall endeavour to study the problem of the WTO enforcement mechanism, with special reference to retaliation, that is, how the WTO enforces its obligations and what remedies it provides in case of breach.